Opposition not yet briefed on St Catherine SOE; decision to extend security measure hangs in the balance
The state of emergency (SOE) that was declared for the parish of St Catherine on June 17 by Prime Minister Andrew Holness could end as early as July 1 if the parliamentary Opposition does not give its support for it to be extended.
By law, the Governor General, on the advice of the prime minister, who acts on the advice of the Commissioner of Police and Chief of Defence Staff, declares a SOE. However, it can only be extended by an initial three months, following a two-thirds vote in both Houses of Parliament.
While the Holness-led Jamaica Labour Party Government has a super majority in the House of Representatives, it needs one of eight opposition senators to vote with the administration for the security measure to be extended.
When the Emergency Powers Regulations that will guide how the current SOE will be governed were belatedly tabled in the House on Thursday, it was evident, based on a line of questioning from Member of Parliament for St Catherine South, Fitz Jackson, that the People’s National Party (PNP), which has repeatedly stated that the SOE as currently used by the government is unconstitutional, may be reluctant to lend its support.
The PNP’s position was bolstered on June 17 when the Constitutional Court ruled that the Emergency Powers Regulations that were used under the 2018 St James SOE to detain taxi operator Roshaine Clarke for seven months without charge were unconstitutional.
The Court found that Clarke’s constitutional right to freedom and liberty as guaranteed by the Constitution had been breached and awarded him nearly $18 million in damages.
Jackson asked Chang: “Is it intended not to go beyond the 14 days that the government can unilaterally pursue….have you been apprised that there may be a need to extend it beyond the 14 days which would require the opposition and in such an instance, have you begun to engage the opposition in that regard?”
Before allowing Chang to respond, Jackson said: “I’m not aware of such engagement”.
Chang, in responding, said: “Let me say…I fully appreciate and need the support of the opposition if we’re to proceed beyond the time (two weeks)”.
The security minister then said any decision to go beyond two weeks would depend on the recommendation of the heads of the security forces.
“It appears they may well ask (for an extension). If they do, I will certainly engage the opposition outside of the chambers before coming here (next Tuesday),” Chang said.
“I will say publicly that we have indicated to the opposition that the Commissioner of Police will give the opposition a full intelligence briefing on the events in St Catherine where he was convinced, and convinced the government, that the threshold for violence justified…the introduction of a state of emergency.
“So far it has had an impact,” Chang stated.